REMOT 


ic  is  i 


Factory  Inspection  Law 

(As  Amended  1911) 


AN  ACT 

Creating  a Department  of  Factory  Inspection  and  providing  safety 
appliances , fire  escapes,  trap  doors,  gates,  fences  and  toilet 
and  dressing  rooms,  regulating  the  ventilation  and  sanitary 
conditions  of  factories,  mills,  workshops,  bakeries,  laundries, 
stores,  hotels,  boarding  or  bunk  houses ; defining  the  word 
“ per  son/’  “ manufacturing  establishment ” and  the  clause 
“Every  person  owning  or  operating  any  manufacturing  es- 
tablishment,” as  used  in  this  act;  providing  for  the  appoint- 
ment of  factory  inspectors } defining  their  powers,  duties,  sal- 
aries and  expenses  thereof ; providing  for  the  arbitration  of 
disputes  arising  under  this  act;  providing  for  an  appropria- 
tion to  pay  the  salaries  and  expenses  of  the  Chief  Factory 
Inspector  and  his  deputies  and  the  liability  of  the  owner  of 
the  premises  for  alterations  and  providing  penalties  for  the 
violation  of  any  of  the  provisions  of  this  act,  and  to  give  a 
cause  of  action  for  personal  injuries  or  death  caused  by  reason 
of  the  violation  of  any  of  the  provisions  of  this  act. 

Be  it  Enacted  by  the  General  Assembly  of  the  State  of  Colorado: 

Chief  Factory  Inspector  and  Deputies,  appropriation  for — Section  1. 
That  there  is  hereby  established  a separate  and  distinct  department  to 
be  known  as  the  Department  of  Factory  Inspection  of  the  State  of  Colo- 
rado, which  department  shall  be  charged  with  the  inspection  of  all  fac- 
tories, mills,  workshops,  bakeries,  laundries,  stores,  hotels,  boarding  or 
bunk  houses,  or  any  kind  of  an  establishment  wherein  laborers  are  em- 
ployed or  machinery  used,  for  the  purpose  of  protecting  said  employees 
or  guests  against  damages  arising  from  imperfect  or  dangerous  machinery, 
or  hazardous  and  unhealthy  occupation  and  regulating  sanitary  conditions 
under  which  guests  are  protected  or  laborers  are  employed  by  providing 
individual  towels  in  place  of  roller  towels  in  hotel  wash-rooms,  and  nine- 
foot  top  sheets  for  beds,  which  sheets  shall  be  provided  not  later  than 
September  1,  1911. 

The  Deputy  Labor  Commissioner  of  the  State  of  Colorado  shall  be  the 
Chief  Factory  Inspector  under  this  act;  the  said  Chief  Inspector  within 
five  days  after  the  passage  of  this  act,  shall  recommend,  and  the  Secretary 
of  State  shall  appoint,  four  deputy  factory  inspectors,  one  of  whom  shall 

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be  a woman,  and  each  of  said  deputy  factory  inspectors  shall  receive  a 
salary  of  twelve  hundred  dollars  ($1200.00)  per  annum  with  necessary 
traveling  expenses,  but  said  expenses  shall  in  no  case  exceed  the  sum  of 
six  hundred  dollars  ($600.00)  per  annum  for  each  deputy  factory  in- 
spector. Provided,  that  the  Deputy  Labor  Commissioner,  being  Chief  Fac- 
tory Inspector,  shall  recommend  and  the  Secretary  of  State  appoint,  a 
clerk  with  an  annual  salary  of  twelve  hundred  dollars  ($1200.00)  per 
annum,  and  be  it  provided,  that  a stenographer  shall  be  recommended  by 
the  Deputy  Labor  Commissioner  and  the  Chief  Factory  Inspector  and 
appointed  by  the  Secretary  of  State  with  an  annual  salary  of  twelve  hun- 
dred dollars  ($1200.00)  per  annum;  the  said  appointees  shall  receive  their 
said  salaries  upon  vouchers  issued  by  the  Chief  Factory  Inspector  and 
paid  in  the  same  manner  as  other  State  Officers  of  the  State  of  Colorado 
are  paid;  and  be  it  further  provided,  That  a fund  not  to  exceed  five  hun- 
dred dollars  ($500.00)  per  annum  shall  be  appropriated  in  this  bill  for 
the  purpose  of  paying  for  printing,  stationery,  postage  and  buying  such 
necessary  equipment  as  are  necessary  in  the  office  of  the  Chief  Factory 
Inspector;  and  to  provide  for  any  expenses  through  arbitration  as  pro- 
vided in  section  seven  of  this  act. 

Safety  Appliances — Section  2.  That  any  person,  firm,  corporation 
or  association  operating  a factory,  mill,  workshop,  bakery,  laundry,  store, 
hotel  or  any  kind  of  an  establishment  wherein  laborers  are  employed,  or 
machinery  used  shall  provide  and  maintain  in  use  belt  shifters  or  other 
mechanical  contrivance  for  the  purpose  of  throwing  on  or  off  belts  or 
pulleys  while  running,  where  the  same  are  practicable  with  due  regard 
to  the  nature  and  purpose  of  said  belts  and  the  dangers  to  employees 
therefrom;  also  reasonable  safeguards  for  all  vats,  pans,  trimmers,  cut- 
offs, gang  edger  and  other  saws,  planers,  cogs,  gearings,  beltings,  shaft- 
ings, couplings,  set  screws,  line  rollers,  conveyors,  manglers  in  laundries, 
and  machinery  of  other  or  similar  description,  which  it  is  practicable  to 
guard,  and  which  can  be  effectively  guarded  with  due  regard  to  the  ordi- 
nary use  of  such  machinery  and  appliances,  and  the  dangers  to  employes 
therefrom,  and  with  which  the  employes  of  any  such  factory,  mill,  or 
workshop  are  liable  to  come  in  contact  while  in  the  performance  of  their 
duties;  and  if  any  machinery,  or  any  part  thereof,  is  in  a defective  con- 
dition, and  its  operation  would  be  extra  hazardous  because  of  such  defect, 
or  if  any  machinery  is  not  safeguarded  as  provided  in  this  act,  the  use 
thereof  is  prohibited,  and  a notice  to  that  effect  shall  be  attached  thereto 
by  the  employer  immediately  upon  receiving  notice  of  such  defect  or  lack 
of  safeguard,  and  such  notice  shall  not  be  removed  until  said  defect  has 
been  remedied  or  the  machine  safeguarded  as  herein  provided. 

Ventilation — Section  3.  That  any  person,  firm,  corporation  or  asso- 
ciation operating  a factory,  mill,  workshop,  bakery,  laundry,  store,  hotel, 
or  any  kind  of  an  establishment  wherein  laborers  are  employed,  or  ma- 
chinery used  and  manual  labor  is  exercised  by  the  way  of  trade  for  the 
purpose  of  gain  within  an  enclosed  room  (private  houses  in  which  the  em- 
ployes live  excepted)  shall  be  provided  in  each  workroom  thereof  with  good 
sufficient  ventilation  and  kept  in  a clean  and  sanitary  state,  and  shall  be  so 
ventilated  as  to  render  harmless,  so  far  as  practicable,  all  gases,  vapors, 
dust  or  other  impurities,  generated  in  the  course  of  the  manufacturing 
or  laboring  process  carried  on  therein;  and  if  any  factory,  mill,  workshop, 


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bakery,  laundry,  store,  hotel,  or  any  kind  of  an  establishment  wherein 
laborers  are  employed  or  machinery  used  in  any  enclosed  rooms  thereof 
hy  which  dust  is  generated  and  inhaled  to  an  injurious  extent  by  the 
persons  employed  therein,  conveyors,  receptacles  or  exhaust  fans,  or  other 
mechanical  means  shall  be  provided  and  maintained  for  the  purpose  of 
carrying  off  or  receiving  and  collecting  such  dust. 

Elevators — Well  Holes — Section  4.  The  openings  of  all  hoistways, 
hatchways,  elevators  and  well  holes  and  stairways  in  factories,  mills, 
workshops,  bakeries,  laundries,  stores,  hotels,  or  any  kind  of  an  estab- 
lishment wherein  laborers  are  employed,  or  machinery  used,  shall  be 
protected  by  good  and  sufficient  trap  doors,  hatches,  fences,  gates  or 
other  safeguards,  and  all  due  diligence  shall  be  used  to  keep  all  such 
means  of  protection  closed,  except  when  it  is  necessary  to  have  the 
same  opened  that  the  same  may  be  used. 

Duty  of  Inspectors — Section  5.  It  shall  be  the  duty  of  the  Chief 
Factory  Inspector,  by  himself  or  his  duly  appointed  deputy,  to  examine 
as  soon  as  may  be  after  the  passage  of  this  act,  and  thereafter  annually, 
and  trom  time  to  time,  all  factories,  mills,  workshops,  bakeries,  stores, 
hotels,  or  any  kind  of  an  establishment  wherein  laborers  are  employed 
or  machinery  used  or  appliances  therein  contained  to  which  the  pro- 
visions of  this  act  are  applicable,  for  the  purpose  of  determining 
whether  they  do  conform  to  such  provisions,  and  to  granting  or  refusing 
certificates  of  approval,  as  hereinafter  provided. 

Notice  of  Defects — Complaint  of  Employees  to  Inspectors — Section  6. 
Any  employe  of  any  person,  firm,  corporation  or  association  operating 
a factory,  mill,  workshop,  bakery,  laundry,  store,  hotel  or  any  kind  of  an 
establishment  wherein  laborers  are  employed  or  machinery  used  shall 
notify  his  employer  of  any  defect  in,  or  failure  to  guard  the  machinery, 
appliances,  ways,  works  or  plants,  on  which  or  in  or  about  which  he  is 
working,  when  any  such  defect  or  failure  to  guard  shall  come  to  the 
knowledge  of  any  said  employe,  and  if  such  employer  shall  fail  to 
remedy  such  defect  then  said  employe  may  complain  in  writing  to  the 
Chief  Factory  Inspector  of  any  such  alleged  defect  in  or  failure  to  guard 
the  machinery,  appliances,  ways,  works,  and  plants,  or  any  alleged  vio- 
lation by  such  • person,  firm,  corporation  or  association,  of  any  of  the 
provisions  of  this  Act,  in  the  machinery  and  appliances  and  premises 
used  by  such  person,  firm,  corporation  or  association  and  with  or  about 
which  said  employe  is  working  and  upon  receiving  such  complaint  it 
shall  be  the  duty  of  the  Chief  Factory  Inspector,  by  himself  or  his 
deputy,  to  forthwith  make  an  inspection  of  the  machinery  and  appliances 
complained  of. 

Certificates — Arbitration — Section  7.  Whenever  upon  any  examina- 
tion or  re-examination  of  any  factory,  mill,  workshop,  bakery,  laundry, 
store,  hotel,  or  any  kind  of  an  establishment  wherein  laborers  are 
employed,  or  machinery  used  to  which  the  provisions  of  this  act  are  ap- 
plicable, the  property  so  examined  and  the  machinery  and  appliances 
therein  conform  in  the  judgment  of  said  Chief  Factory  Inspector  to  the 
requirements  of  this  act,  he  shall  thereupon  issue  to  the  owner,  lessee 
or  operator  of  any  such  storehouse,  factory,  mill,  workshop,  bakery, 
laundry,  hotel,  or  any  kind  of  an  establishment  wherein  laborers  are 


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employed  or  machinery  used  a certificate  to  that  effect,  and  such  cer- 
tificate shall  be  prima  facie  evidence  as  long  as  it  continues  in  force  of 
compliance  on  part  of  the  person,  firm,  corporation  or  association  to 
whom  it  is  issued,  with  the  provisions  of  this  act.  Such  certificate  may 
be  revoked  by  said  Chief  Factory  Inspector  at  any  time  upon  written 
notice  to  the  person,  firm,  corporation  or  association  holding  the  same 
whenevef*  in  his  opinion  after  re-examination,  condition  and  circum- 
stances have  so  changed  as  to  justify  the  revocation  thereof.  A copy  of 
said  certificate  shall  be  kept  posted  in  a conspicuous  place  on  every 
floor  of  all  factories,  mills,  workshops,  bakeries,  laundries,  stores,  hotels, 
or  any  kind  of  an  establishment  wherein  laborers  are  employed  or  ma- 
chinery used  to  which  the  provisions  of  this  act  are  applicable.  If,  in 
the  judgment  of  the  said  Chief  Factory  Inspector,  such  factory,  mill, 
workshop,  bakery,  laundry,  store,  hotel,  or  any  kind  of  an  establish- 
ment wherein  laborers  are  employed  or  machinery  is  used  does  not 
conform  to  the  requirements  of  this  act  he  shall  forthwith  personally 
or  by  mail  serve  on  the  person,  firm,  corporation  or  association  operat- 
ing or  using  such  machinery  or  appliances  or  occupying  such  premises 
a written  statement  of  the  requirements  of  said  Chief  Factory  Inspector, 
before  he  will  issue  a certificate  as  hereinbefore  provided  for;  and  upon 
said  requirements  being  complied  with  within  a period  of  thirty  days 
after  said  written  statement  has  been  Served  as  aforesaid  the  said  Chief 
Factory  Inspector  shall  forthwith  issue  such  certificate;  but  if  the  per- 
son, firm,  or  corporation  operating  or  using  said  machinery  and  appli- 
ances or  occupying  such  premises  shall  consider  the  requirements  of 
said  Chief  Factory  Inspector  unreasonable  and  impracticable  or  unneces- 
sarily expensive,  he  may  within  ten  days  after  the  requirements  of  said 
Chief  Factory  Inspector  have  been  served  upon  him,  appeal  therefrom 
or  from  any  part  thereof  to  three  arbitrators  to  whom  shall  be  submitted 
the  matters  and  things  in  dispute,  and  their  findings  shall  be  binding 
upon  said  applicant  and  upon  the  Chief  Factory  Inspector.  Such  appeal 
shall  be  in  writing,  addressed  to  the  Chief  Factory  Inspector  and  shall 
set  forth  the  objections  to  his  requirements,  or  any  part  thereof,  and 
shall  mention  the  name  of  one  person  who  will  serve  as  a representative 
of  said  applicant  calling  for  arbitration.  Immediately  upon  the  receipt 
of  such  notice  of  appeal,  it  shall  be  the  duty  of  the  Chief  Factory 
Inspector  to  appoint  a competent  person  as  arbitrator  resident  in  the 
county  from  which  such  appeal  comes,  and  to  notify  such  person  so 
selected,  and  also  the  party  appealing,  stating  the  cause  of  the  arbitra- 
tion, and  the  place,  date  and  time  of  meeting.  These  two  arbitrators 
shall  select  the  third  within  five  days  and  within  ten  days  thereafter, 
give  a hearing  on  the  matters  of  said  appeal,  and  the  findings  of  those 
arbitrators  by  a majority  vote  shall  be  reported  to  the  Chief  Factory 
Inspector  and  to  the  applicant  and  shall  be  binding  upon  each.  The 
expense  of  such  arbitration  shall  be  borne  by  the  party  calling  for 
the  arbitration;  and  if  said  arbitrators  sustain  the  requirements  of  said 
Chief  Factory  Inspector  or  any  part  thereof,  said  applicant  shall  within 
thirty  days  comply  with  the  findings  of  said  arbitrators,  and  thereupon 
said  Chief  Factory  Inspector  shall  issue  a certificate  as  hereinbefore 
provided  (in  section  5 of  this  act) ; but  if  said  arbitrators  shall  sustain 
such  appeal  or  any  part  thereof,  the  same  shall  be  binding  upon  said 


6 


Chief  Factory  Inspector  and  any  such  person,  firm,  corporation  or  associa- 
tion shall  within  thirty  days  after  the  finding  of  the  board  of  arbitrators, 
comply  with  the  requirements  of  the  Chief  Factory  Inspector,  as  amended 
by  said  arbitrators,  if  so  amended  as  herein  provided  for,  and  there- 
upon said  Chief  Factory  Inspector  shall  forthwith  issue  to  any  such 
person,  firm,  corporation  or  association,  his  certificate  as  provided  for 
in  section  five  of  this  act:  Provided,  That  in  case  such  arbitrators  shall 
decide  against  such  Chief  Factory  Inspector,  the  cost  of  the  arbitration 
shall  be ' paid  out  of  the  funds  for  such  purposes.  In  case  the  Chief 
Factory  Inspector  is  sustained  in  part  by  the  arbitrators,  the  cost  of 
the  arbitration  shall  be  divided  equitably,  in  proportion  to  that  decision, 
the  appellant  paying  such  share  as  the  arbitrators  may  deem  fair,  the 
rest  to  be  paid  out  of  said  fund. 

Fire  Exits — Doors — Stairways — Ropes — Section  8.  In  all  factories, 
mills,  workshops,  offices,  bakeries,  laundries,  stores,  hotels,  or  any  other 
buildings  in  which  people  are  employed  at  manual  or  other  labor,  proper 
and  sufficient  means  of  escape  in  case  of  fire  shall  be  provided  by  more 
than  one  way  of  egress,  and  such  means  of  escape  shall  at  all  times  be 
kept  free  fom  any  obstruction;  in  good  repair  and  ready  for  use;  and  at 
night,  or  where  lights  are  necessary  in  the  day  time,  a red  light  shall  be 
provided  with  the  words  inscribed  thereon  “Fire  Escape.”  All  doors  lead- 
ing into  or  to  such  factories,  workshops,  offices,  bakeries,  mills,  laundries, 
stores,  hotels,  or  other  buildings  in  which  people  are  employed  at  manual 
or  other  labor,  shall  be  so  constructed  as  to  open  outward  when  prac- 
ticable, and  shall  not  be  locked,  bolted  or  fastened  during  working  hours 
as  to  prevent  free  egress.  Proper  and  substantial  hand  rails  shall  be 
provided  on  all  stairways  and  in  factories,  hotels,  mills  and  workshops 
$,nd  other  buildings  where  people  are  employed  at  manual  or  other  labor. 
And  in  all  factories,  laundries,  mills,  and  workshops  in  which  females 
are  employed  the  stairs  regularly  used  by  them  shall  be  propertly  screened 
at  the  sides  and  bottom.  And  be  it  further  provided  that  hotels,  boarding 
and  bunk  houses  of  more  than  one  story  shall  have  a hemp  rope  in  each 
room  of  not  less  than  three-quarters  (%)  inch  in  thickness,  the  same  to 
be  firmly  attached  to  wall  in  such  manner  that  it  may  be  thrown  out  of 
the  window  instantly  to  allow  persons  in  case  of  fire,  etc.,  to  descend  to 
the  ground.  The  rope  must  have  a knot  tied  in  it  at  spaces  of  not  more 
than  eighteen  (18)  inches  apart;  the  ropes  to  be  placed  in  every  room 
above  the  second  floor;  provided,  that  any  rope,  ladder  or  device  for  the 
protection  of  guests  may  be  used  upon  approval  by  the  Chief  Factory 
Inspector. 

Fire  Escapes — Construction — Section  9.  In  any  factory,  mill,  work- 
shop, office,  bakery,  laundry,  store,  hotel,  or  other  building  of  three  or 
more  stories  in  height,  proper  and  sufficient  means  of  escape  in  case  of 
fire  are  not  provided  as  required  by  preceding  section  of  this  act,  the 
owner  or  occupant  of  said  building  upon  notice  by  the  Chief  Factory  In- 
spector or  any  Deputy  Factory  Inspector  employed  in  the  Bureau  of  Labor 
Statistics  shall  construct  one  or  more  fire  escapes  as  the  same  may  be 
found  necessary  and  sufficient.  Said  fire  escape  or  fire  escapes,  shall  be 
provided  on  the  outside  of  such  factories,  mills,  workshops,  offices,  bak- 
eries, laundries,  stores,  hotels,  or  other  buildings,  connecting  with  each 
floor  above  the  first;  well  fastened  and  secured  and  of  sufficient  strength. 


7 


Each  of  such  fire  escapes  shall  have  landings  or  balconies  not  less  than 
six  feet  in  length  and  three  in  width,  guarded  by  iron  railings  not  less 
than  three  feet  in  height  and  embracing  at  least  two  windows  at  each 
story,  and  connecting  with  the  interior  by  easily  accessible  and  unob- 
structed openings;  and  the  balconies  or  landings  shall  be  connected  by 
iron  stairs  not  less  than  24  inches  wide,  and  the  steps  to  be  not  less  than 
eight  inches  tread,  placed  at  not  more  than  an  angle  of  forty-five  degrees 
slant,  and  protected  by  well  secured  hand  rails  on  both  sides,  with  a 
twelve-ifich  wide  drop  ladder  fom  the  lower  platform  reaching  to  the 
ground.  Any  fire  escape  so  constructed  shall  be  sufficient.  Any  other 
plan  or  style  of  fire  escape  shall  be  sufficient  if  approved  by  the  Chief 
Factory  Inspector,  but  if  not  so  approved  the  said  Chief  Factory  In- 
spector or  one  of  the  Deputy  Factory  Inspectors  may  notify  the  owner, 
proprietor  or  lessee  of  such  factory,  mill,  workshop,  office,  bakery,  laundry, 
store,  hotel,  or  other  building  in  which  factory  or  workshop  is  conducted, 
or  the  agent  or  the  superintendent,  or  either  of  them,  in  writing,  that 
any  such  style  of  fire  escape  is  not  sufficient  and  he  may  issue  an  order 
in  writing  requiring  one  or  more  fire  escapes  as  he  shall  deem  necessary 
and  sufficient  to  be  provided  for  such  factory,  mill,  workshop,  office, 
bakery,  laundry,  store,  hotel  or  other  buildings  in  which  people  are  em- 
ployed at  manual  or  other  labor  at  such  location  and  of  such  plan  and 
style  as  shall  be  specified  in  such  written  order.  Within  thirty  days  after 
the  service  of  such  order  the  number  of  fire  escapes  required  in  such 
order  for  such  factory,  mill,  workshop,  office,  bakery,  laundry,  store,  hotel, 
or  other  building,  shall  be  provided  therefor,  each  of  which  will  be  either 
of  the  plan  and  style  and  in  accordance  with  the  specifications  in  said 
order  required  or  of  the  plan  and  style  in  this  section  above  described  and 
declared  sufficient. 

The  windows  and  doors  of  each  fire  escape  shall  be  located  as  far  as 
possible  consistent  with  accessibility  from  the  stairways  and  elevators, 
hatchways  or  openings,  and  the  ladder  thereof  shall  extend  to  the  roof. 

Stationary  stairs  or  ladders  shall  be  provided  on  the  inside  of  each 
such  factory,  mill,  workshop,  office,  bakery,  laundry,  store,  hotel,  or  other 
buildings  where  people  are  employed  at  manual  or  other  labor  from  the 
upper  story  to  the  roof  as  a means  of  escape  in  case  of  fire. 

Toilets  Provided — Section  10.  Every  factory,  workshop,  office, 
bakery,  laundry,  store,  hotel,  or  other  building  in  which  four  or  more 
persons  are  employed  shall  be  provided  within  reasonable  access  with  a 
sufficient  number  of  water  closets,  earth  closets  or  privies,  for  the  reason- 
able use  of  the  persons  therein;  and  whenever  male  or  female  persons 
are  employed  as  aforesaid  together,  water  closets,  earth  closets  or  privies 
separate  and  apart  shall  be  provided  for  the  use  of  each  sex  and  plainly 
so  designated,  and  no  person  shall  be  allowed  to  use  such  closet  or  privy 
assigned  to  the  other  sex.  Such  closets  shall  be  properly  screened  and 
ventilated  and  at  all  times  kept  in  a clean  and  good  sanitary  condition. 

In  factories,  laundries,  mills,  and  workshops  and  in  all  other  places 
where  the  labor  performed  by  the  operator  is  of  such  character  that  it 
becomes  desirable  or  necessary  to  change  the  clothing  wholly  or  in  part 
before  leaving  the  building  at  the  close  of  the  day’s  toil,  separate  dressing 
rooms  shall  be  provided  for  women  and  girls  whenever  so  required  by  the 
factory  inspector.  It  shall  be  the  duty  of  every  occupant,  whether  owner 


8 


or  lessee  of  any  premises  so  used  as  to  come  within  the  provisions  of  this 
act  to  carry  out  the  same  and  to  make  all  the  changes  and  additions 
necessary  therefor.  In  case  such  changes  are  made  upon  the  order  of  the 
Chief  Factory  Inspector  or  of  a factory  inspector  by  the  lessee  of  the 
premises  he  may  at  any  time  within  thirty  (30)  days  after  the  completion 
thereof  bring  an  action  before  any  justice  of  the  peace,  County  or  District 
Court,  having  competent  jurisdiction  against  any  person  having  an  in- 
terest in  such  premises  and  may  recover  such  portion  of  the  expense  of 
making  such  changes  and  in  addition  as  the  Court  adjudges  should  justly 
and  equitably  be  borne  by  such  defendant. 

Actions  for  Damages — Section  11.  In  all  actions  brought  to  recover 
damages  for  personal  injuries  or  death  caused  by  reason  of  the  violation 
of  any  of  the  provisions  of  this  act,  it  shall  be  sufficient,  for  the  plain- 
tiff to  prove  in  the  first  instance,  in  order  to  establish  the  liability  of 
the  defendant,  that  the  death  or  injury  complained  of  resulted  in  con- 
sequence of  the  failure  of  the  person  owning  or  operating  the  manu- 
facturing establishment  where  such  death,  or  injury  occurred  to  provide 
said  establishment  with  safeguards  as  required  by  this  act,  or  that  the 
failure  to  provide  such  safeguards  directly  contributed  to  such  death  or 
injury. 

Meaning  of  Establishments — Manufacturing  establishments,  as  fhos% 
words  are  used  in  this  act,  shall  mean  and  include  all  smelters,  oil  re- 
fineries, cement  works,  mills  of  every  kind,  machine  and  repair  shops, 
and  in  addition  to  the  foregoing,  any  other  kind  or  character  of  manu- 
facturing establishment,  of  any  nature  or  description  whatsoever,  where- 
in any  natural  product  or  other  articles  or  materials  of  any  kind,  in  a 
raw  or  unfinished  or  incomplete  state  or  condition,  are  converted  into  a 
new  or  improved  or  different  form. 

Whenever  the  expression  occurs  in  this  act  in  substantially  the 
following  words:  “Every  person  owning  or  operating  any  manufacturing 
establishment,”  or  where  language  similar  to  that  is  used,  the  word 
“person”  in  that  connection  shall  he  held  and  construed  to  mean  .any 
person  or  persons,  partnership,  corporation,  receiver,  trust,  trustee,  or 
any  other  person  or  combination  of  persons,  either  natural  or  artificial, 
by  whatever  name  he  or  they  may  be  called. 

Powers  of  Inspectors — Section  12.  The  Chief  Factory  Inspector  or 
any  employe  of  the  department  of  factory  inspection  sliall  have  power  to 
enter  any  factory,  mill,  workshop,  office,  bakery,  laundry,  store,  hotel, 
or  any  public  or  private  works  where  labor  is  employed  or  machinery 
used.  Any  person,  persons,  firm,  co-partnership,  corporation,  trust,  trus- 
tee, their  agent,  or  agents,  who  shall  refuse  to  allow  an  inspector  or 
employee  of  the  said  department  to  enter  or  who  shall  violate  any  of 
the  provisions  of  this  act,  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  before  any  court  of  competent  jurisdiction  shall 
be  punished  by  a fine  of  not  less  than  fifty  ($50)  dollars  nor  more  than 
one  hundred  ($100)  dollars  or  be  imprisoned  in  the  county  jail  not  to 
exceed  ninety  (90)  days  for  each  and  every  offense. 

Repealing  Clause — Section  13.  All  acts  and  parts  of  acts  in  con- 
flict with  the  provisions  of  this  act  are  hereby  repealed. 


9 


Section  14.  In  the  opinion  of  the  General  Assembly  an  emergency 
exists;  therefore,  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


Approved  June  5th,  1911. 


